82 FR 48878 - Chesapeake and Indiana Railroad Company-Amended Operation Exemption-Town of North Judson, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range		48878-48878
FR Document		2017-22817

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Page 48878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22817]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36147]


Chesapeake and Indiana Railroad Company--Amended Operation 
Exemption--Town of North Judson, Ind.

    Chesapeake and Indiana Railroad Company (CKIN), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to continue to operate an approximately 27.92-mile line of railroad 
owned by the Town of North Judson, Ind. (Town). The rail line extends 
between milepost CF 0.23, at Lacrosse, and milepost CF 15.23, at 
Wellsboro, and between milepost CI 218.0, at English Lake, and milepost 
CI 230.92, at Malden, in LaPorte, Porter, and Starke Counties, Ind. 
(the Line).
    According to CKIN, the Board originally authorized CKIN's operation 
of the Line in 2004. See Chesapeake & Ind. R.R.--Operation Exemption--
Town of N. Judson, Ind., FD 34529 (STB served Aug. 20, 2004).\1\ On 
September 11, 2017, CKIN and the Town entered into a new 10-year 
agreement for CKIN to continue to operate over the Line.\2\ CKIN states 
that the amended operating agreement will take effect on the effective 
date of this notice of exemption.
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    \1\ CKIN states that it was selected by the Town to operate the 
Line pursuant to an Operating Agreement executed on July 31, 2004, 
and expiring on December 31, 2015. Subsequently, the parties 
extended the operating agreement, first until May 15, 2016, and 
later until August 15, 2016. During these extensions, CKIN initiated 
litigation in state court and brought a petition before the Board 
that was later denied. See CSX Transp., Inc.--Aban. Exemption--in 
LaPorte, Porter, & Starke Ctys., Ind., AB 55 (Sub-No. 643X) et al. 
(STB served May 31, 2017). Ultimately, the parties reached a 
mutually satisfactory settlement. See CSX Transp., Inc.--Aban. 
Exemption--in LaPorte, Porter, & Starke Ctys., Ind., AB 55 (Sub-No. 
643X) et al. (STB served Oct. 2, 2017).
    \2\ CKIN states that the parties' operating agreement is 
automatically renewable at CKIN's option for two additional five-
year terms, for a total occupancy of 20 years.
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    CKIN certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class I or Class 
II rail carrier and will not exceed $5 million. CKIN also states that 
there are no provisions or agreements limiting interchange with other 
carriers.
    The transaction may be consummated on or after November 4, 2017, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than October 27, 
2017 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36147, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on applicant's representative, John D. Heffner, 
Strasburger & Price, LLP, 1025 Connecticut Avenue NW., Suite 717, 
Washington, DC 20036.
    According to CKIN, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: October 17, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-22817 Filed 10-19-17; 8:45 am]
 BILLING CODE 4915-01-P

48878 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

(b) This memorandum does not affect served Aug. 20, 2004).1 On September By the Board, Scott M. Zimmerman, Acting
either Executive Order 12807 of May 24, 11, 2017, CKIN and the Town entered Director, Office of Proceedings.
1992, Interdiction of Illegal Aliens, or into a new 10-year agreement for CKIN Marline Simeon,
Executive Order 13276 of November 15, to continue to operate over the Line.2 Clearance Clerk.
2002, Delegation of Responsibilities CKIN states that the amended operating [FR Doc. 2017–22817 Filed 10–19–17; 8:45 am]
Concerning Undocumented Aliens agreement will take effect on the BILLING CODE 4915–01–P
Interdicted or Intercepted in the effective date of this notice of
Caribbean Region. exemption.
Sec. 5. General Provisions. CKIN certifies that its projected DEPARTMENT OF TRANSPORTATION
annual revenues as a result of this
(a) Nothing in this memorandum shall transaction will not result in the Federal Highway Administration
be construed to impair or otherwise creation of a Class I or Class II rail
affect: [FHWA Docket No. FHWA–2017–0007]
carrier and will not exceed $5 million.
(i) the authority granted by law to an CKIN also states that there are no Fixing America’s Surface
executive department or agency, or the provisions or agreements limiting Transportation (FAST) Act; Solicitation
head thereof; or interchange with other carriers. for Candidate Projects in the Interstate
(ii) the functions of the Director of the The transaction may be consummated System Reconstruction and
Office of Management and Budget on or after November 4, 2017, the Rehabilitation Pilot Program (ISRRPP)
relating to budgetary, administrative, or effective date of the exemption (30 days
legislative proposals. after the verified notice of exemption AGENCY: Federal Highway
(b) This memorandum shall be was filed). Administration (FHWA), Department of
implemented consistent with applicable If the verified notice contains false or Transportation (DOT).
laws and subject to the availability of misleading information, the exemption ACTION: Notice; solicitation for
appropriations. is void ab initio. Petitions to revoke the applications.
(c) This memorandum is not intended exemption under 49 U.S.C. 10502(d)
to, and does not, create any right or SUMMARY: The FHWA invites State
may be filed at any time. The filing of
benefit, substantive or procedural, transportation departments to submit
a petition to revoke will not
enforceable at law or in equity by any applications for candidate projects in
automatically stay the effectiveness of
party against the United States, its the Interstate System Reconstruction
the exemption. Petitions for stay must
departments, agencies, or entities, its and Rehabilitation Pilot Program
be filed no later than October 27, 2017
officers, employees, or agents, or any (ISRRPP), authorized in the
(at least seven days before the
other person. Transportation Equity Act for the 21st
exemption becomes effective).
(d) The Secretary of State is hereby Century and amended by the Fixing
An original and 10 copies of all America’s Surface Transportation
authorized and directed to publish this pleadings, referring to Docket No. FD
memorandum in the Federal Register. (FAST) Act. Under the ISRRPP, FHWA
36147, must be filed with the Surface may permit up to three States to collect
Donald J. Trump Transportation Board, 395 E Street SW., tolls on a facility on the Interstate
[FR Doc. 2017–22928 Filed 10–19–17; 8:45 am] Washington, DC 20423–0001. In System for the purpose of reconstructing
BILLING CODE 4710–10–P addition, a copy of each pleading must or rehabilitating Interstate highway
be served on applicant’s representative, corridors that could not otherwise be
John D. Heffner, Strasburger & Price, adequately maintained or functionally
LLP, 1025 Connecticut Avenue NW., improved without the collection of tolls.
SURFACE TRANSPORTATION BOARD Suite 717, Washington, DC 20036. This notice describes general program
According to CKIN, this action is provisions, eligibility and selection
[Docket No. FD 36147] categorically excluded from criteria, and the application submission
environmental review under 49 CFR and evaluation process.
Chesapeake and Indiana Railroad 1105.6(c).
DATES: Applications are due to FHWA
Company—Amended Operation Board decisions and notices are Division Offices by February 20, 2018.
Exemption—Town of North Judson, available on our Web site at The FHWA will review these
Ind. WWW.STB.GOV. submissions and award up to three
Chesapeake and Indiana Railroad Decided: October 17, 2017. provisional approvals to States that will
Company (CKIN), a Class III rail carrier, be expected to fully satisfy the ISRRPP
has filed a verified notice of exemption 1 CKIN states that it was selected by the Town to criteria within 3 years. Should FHWA
under 49 CFR 1150.41 to continue to operate the Line pursuant to an Operating award fewer than three provisional
Agreement executed on July 31, 2004, and expiring
operate an approximately 27.92-mile on December 31, 2015. Subsequently, the parties
approvals, it will re-solicit for
line of railroad owned by the Town of extended the operating agreement, first until May applications at a future date.
North Judson, Ind. (Town). The rail line 15, 2016, and later until August 15, 2016. During The FHWA will conduct an
extends between milepost CF 0.23, at these extensions, CKIN initiated litigation in state information session regarding the
court and brought a petition before the Board that ISRRPP in the form of a Webinar on
Lacrosse, and milepost CF 15.23, at was later denied. See CSX Transp., Inc.—Aban.
Wellsboro, and between milepost CI Exemption—in LaPorte, Porter, & Starke Ctys., Ind., November 13, 2017 at 2:00 p.m., e.t. For
218.0, at English Lake, and milepost CI AB 55 (Sub-No. 643X) et al. (STB served May 31, more information, please visit: https://
srobinson on DSKBC5CHB2PROD with NOTICES

230.92, at Malden, in LaPorte, Porter, 2017). Ultimately, the parties reached a mutually www.fhwa.dot.gov/ipd/revenue/road_
satisfactory settlement. See CSX Transp., Inc.— pricing/tolling_pricing/interstate_
and Starke Counties, Ind. (the Line). Aban. Exemption—in LaPorte, Porter, & Starke
According to CKIN, the Board Ctys., Ind., AB 55 (Sub-No. 643X) et al. (STB served rr.aspx.
originally authorized CKIN’s operation Oct. 2, 2017). FOR FURTHER INFORMATION CONTACT: For
2 CKIN states that the parties’ operating agreement
of the Line in 2004. See Chesapeake & questions about the pilot program: Ms.
is automatically renewable at CKIN’s option for two
Ind. R.R.—Operation Exemption—Town additional five-year terms, for a total occupancy of Cynthia Essenmacher, Center for
of N. Judson, Ind., FD 34529 (STB 20 years. Innovative Finance Support, Office of

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Document Created: 2017-10-20 00:06:20
Document Modified: 2017-10-20 00:06:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 48878